The Missing Polynesia reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes; (4) to delete or remove (without notice) any user content or account; and (5) to terminate access of any user in its sole discretion, for any reason or no reason.
THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES.
MISSING POLYNESIA, ITS AFFILIATES, AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT, OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
Although Missing Polynesia attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions, and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Missing Polynesia so that it can be corrected. Information contained on the Site may be changed or updated without notice. In the event of inaccurate price or description of a product, Missing Polynesia will contact the customer with accurate information and/or price difference if the product has been purchased.
All text, graphics, user interfaces, visual interfaces, photographs, videos, trademarks, logos, sounds, music, artwork, and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Missing Polynesia with all rights reserved, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners
Missing Polynesia and missingpolynesia.com are proprietary marks of Missing Polynesia. Missing Polynesia’s trademarks may not be used in connection with any product or service that is not provided by Missing Polynesia in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Missing Polynesia.
CONFIDENTIAL AND PROPRIETARY INFORMATION
Missing Polynesia does not seek or want to receive confidential or proprietary information from you through the Site. Please note that any information or material sent to Missing Polynesia through the Site will be deemed NOT to be confidential. By sending Missing Polynesia any information or material, you grant Missing Polynesia an unrestricted, irrevocable, world-wide, royalty free license to use, reproduce, display, perform, modify, transmit, and distribute those materials or information, and you also agree that Missing Polynesia is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose.
YOUR USE OF THE SITE
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Missing Polynesia reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Missing Polynesia server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Missing Polynesia.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Missing Polynesia systems or networks, or any systems or networks connected to the Site or to Missing Polynesia.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Missing Polynesia on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use this Site for any abusive or illegal purpose. You may not harm others in any way. You may not use the Site to perform any form of bullying, threatening, cyberstalking, intimidation, or any other type of harassment. Missing Polynesia reserves the right to contact appropriate legal authorities in the event that you are suspected to have performed such actions.
You may not post content that contains pornography, excessive violence, or is otherwise offensive, vulgar, explicit, or obscene. Missing Polynesia reserves the right to contact appropriate legal authorities in the event that you are suspected to have violated the terms of this section.
Missing Polynesia does not assume responsibility for the accuracy, completeness, safety, innocuousness, slanderous nature of, legality or applicability of anything posted, displayed, linked, uploaded, recorded, broadcast or otherwise made available by any user.
“THREE STRIKE” POLICY
LINKS TO OTHER SITES AND TO MISSING POLYNESIA SITE
This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Missing Polynesia’s control, and Missing Polynesia is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites. In addition, a hyperlink to a non-Missing Polynesia Website does not mean that Missing Polynesia endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature.
DISCLAIMER REGARDING ACCURACY OF VENDOR INFORMATION
Product specifications, images, and other information made available on the Site have either been provided by the Vendors or collected from publicly-available sources. While Missing Polynesia makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.
Similarly, while Missing Polynesia makes every effort to ensure that the images on this website are accurate, we can make no representations or warranties as to the accuracy or reliability of the images provided on this website.
Missing Polynesia makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
PURCHASES; OTHER TERMS AND CONDITIONS
Missing Polynesia’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
Missing Polynesia may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, including any applicable shipping and handling, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Missing Polynesia makes no commitment to update the materials on the Site with respect to such products and services.
SHARING OF DIGITAL FILES PROHIBITED
Sharing or reselling items or files purchased in the digital shop, as well as any other digital proprietary information that is the property of Missing Polynesia, is strictly prohibited. All files purchased from Missing Polynesia are for personal use only.
By using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
LIMITATION OF LIABILITY
Except where prohibited by law, in no event will Missing Polynesia be liable to you for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, even if Missing Polynesia has been advised of the possibility of such damages.
You agree to indemnify and hold Missing Polynesia, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims, or expenses (including attorneys’ fees), made against Missing Polynesia by any third party due to or arising out of or in connection with your use of the Site.
Missing Polynesia may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Missing Polynesia’s rights or property, or the rights or property of visitors to or users of the Site, including Missing Polynesia’s customers. Missing Polynesia reserves the right at all times to disclose any information that Missing Polynesia deems necessary to comply with any applicable law, regulation, legal process or governmental request. Missing Polynesia also may disclose your information when Missing Polynesia determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT
Pursuant to Section 512(c) of the Digital Millennium Copyright Act, 17 U.S.C. § 512, Missing Polynesia designates the following individual as its agent for receipt of notifications of claimed copyright infringement:
REPORT OF COPYRIGHT INFRINGEMENT
VOID WHERE PROHIBITED
Although access to this Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Missing Polynesia reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
NO UNLAWFUL OR PROHIBITED PURPOSE